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Chapter 6 discusses Title IX under Secretary DeVos. It begins by describing how the Department of Education quickly broke from its predecessor before recounting the two-year process of promulgating new regulations. It then turns to the first of a two-chapter deeper dive into changes made to Title IX. Here, the chapter focuses on how the new regulations narrow what counts as actionable sexual harassment and weaken oversight of schools by the Department of Education. The chapter contends that most of these changes are deeply problematic and should be reversed.
Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren't doing enough to protect them, and accused students complain that they are presumed guilty. Sexual Assault on Campus: Defending Due Process begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education's attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 'Dear Colleague Letter.' It also includes excerpts from interviews with complainants, accused students, and administrators, which offer readers a first-hand account of these proceedings. Finally, the book provides a critical, in-depth look at the Title IX regulations put in place by the Trump Administration, with detailed recommendations for how they can be improved.
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